If you already have a valid court order and the other party refuses to comply with the terms of the order, you have the right to request the other party be held in contempt of court and seek enforcement of the terms by filing an Order to Show Cause.

A party will be found in contempt of court if he or she knew about the order, had the ability to perform the terms of the order, and failed to do so. Being held in contempt of court can result in jail time, financial sanctions, community service, or even the requirement to attend a parenting course. The court can also order the party to comply with the order and enter a judgment for any amounts owing for child support arrears, day-care arrears, out-of-pocket medical expenses, alimony arrears, etc.

If the parties have joint legal or physical custody and the matter at issue pertains to co-parenting, withholding parent-time, or other non-financial parenting provisions, the parties are required to attend mediation first before seeking to file an Order to Show Cause and scheduling a hearing.

The court cannot modify the terms of the court order at an Order to Show Cause hearing. If you are seeking to modify the terms then a Petition to Modifymust be filed.

Attorney Fees.

In any action to enforce the terms of an order, the court may award costs and attorney fees upon determining that the party substantially prevailed upon the claim or defense. The court has discretion to award no fees or limited fees against a party if the court finds the party is not able to pay the fees or enters on the record the reason for not awarding fees.

Criminal.

Being charged with a crime is devastating and leaves you with feelings of uncertainty about your future. Don’t make the mistake of not hiring an attorney. We understand all the phases of your criminal case and will professionally handle your case from start to finish. Regardless of whether you want to negotiate the best deal possible or are determined to have your case heard by a jury, we are the attorneys with the experience and determination necessary to defend your legal rights.

Hire an Attorney.

If you are scheduled for a hearing and have not yet had the chance to consult with a criminal defense attorney, the Utah Rules of Criminal Procedure allow you to ask for additional time before you enter your plea. It is important to have the advice of an experienced attorney before making any decision on your case.

Remaining Silent.

The law requires you to provide the police with your name if requested. You are not required to answer further questions. If you choose to not answer further questions, do so in a respectful manner. You must be advised of your right to remain silent if you are taken into “custody”. However your right to remain silent is still applicable even if you are not in custody. Ask to speak with an attorney before providing any information that you believe may damage your case. If you choose to speak with police, speak carefully because your statements may be used by the prosecutor to attempt to prove your guilt.

Don’t Consent to be Searched.

You have a right to privacy of things such as your person, your car, and your home. Unless the police have a warrant, you should not consent to their request to search anything. If a police officer states that he will get a warrant if you refuse consent, let him. Refusing to give consent to the search preserves your right to challenge the search in court.